State Court judge seat remains open in Jackson County

Northeast Georgia judges and attorneys still are waiting for Gov. Nathan Deal to appoint a judge to preside over Jackson County's State Court, three months after the sitting judge died unexpectedly.

Deal has decided to accept additional applications for the bench, even though former Gov. Sonny Perdue's Judicial Nominating Committee already nominated two finalists for the position, said Stephanie Mayfield, a spokeswoman for Deal.

The position has been vacant since longtime State Court Judge Jerry Gray died in October after a short illness.

In the meantime, visiting judges have volunteered to preside over the State Court, but the people who work with the court are ready to have a permanent replacement.

"Please send us a judge," said Jackson County Solicitor Donald Moore. "Please. I am just very concerned."

Perdue planned to appoint a new judge to the post before leaving office. His Judicial Nominating Committee narrowed the list of applicants to two Jackson County attorneys, but the governor never had the opportunity to interview them in person and left office without making the appointment.

Commerce attorney Jeffrey Perry and Jefferson attorney Nick Primm made that short list.

Deal inherited the task of appointing the new judge, but he is not bound by the nominating committee's recommendations.

While many members of Deal's Judicial Nominating Committee also served under Perdue, the incoming governor did add some new members, including co-chairmen Randy Evans of Atlanta and Pete Robinson of Columbus.

Moore hopes the governor will fill the seat soon.

Jackson County State Court is such a busy court that Gray and Moore petitioned county officials for years to provide enough funds for it to operate full time.

The delay in appointing a new judge may make it impossible for court officials to petition the Georgia legislature to become a full-time court, Moore said.

"It's my desire to have a judge come in who could serve as a full-time judge," Moore said. "The first thing that we would have to do is go to the legislature and have legislation drawn up by April stating that we would go full time next year or in January 2012. If we don't make that deadline, it would be another two years as a part-time court."

The Jackson County State Court handles about 5,000 criminal and civil cases a year, according to the county's 2010 budget.

In the coming months, the court will hear a series of malpractice suits filed against BJC Medical Center and former Commerce surgeon Keith Ash.

The plaintiffs, whose cases were severed into 14 separate suits by the Georgia Court of Appeals this summer, allege that Ash talked them into procedures they may not have needed or botched needed procedures, and that BJC continued to allow him to practice even though the administration knew about the complaints.

The suits were first filed in 2008, about the time Ash resigned from BJC.